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Legal Framework
Legal Framework
There are several ways under Schedule 3 to the 2006 Act in which a person may be included on one or other of the two barred lists. This appeal is concerned with discretionary barring. This may be on the basis of either an individual’s “relevant conduct” – in effect their past behaviour – (paragraphs 3 & 4) or the risk of harm they pose now and for the future (paragraph 11). This appeal concerns the former of those two discretionary routes to barring.
- Heading
- The decision of the Upper Tribunal is to dismiss the appeal
- or any information that would be likely to lead to the identification of any of them
- Legal Framework
- The basis for a “relevant conduct” barring decision
- Rights of appeal
- Caselaw
- [55]. The Upper Tribunal also made findings of fact and made comments on other matters. Section 4(7) of the Act provides that where the Upper Tribunal remits a matter to the DBS it "may set out any fi
- There is no limit to the form that a mistake of fact may take. It may consist of an incorrect finding, an incomplete finding, or an omission. It may relate to anything that may properly be the subject
- And at
- And they concluded as follows Drawing the various strands together, we conclude as follows
- Thus, the fundamental point relevant to this case is that unlike in an appeal under section 11 of the Tribunals, Courts and Enforcement Act 2007 , it is not necessary for the Upper Tribunal to find an
- “We have considered all the information we hold and are satisfied of the following
- seek timely and necessary medical treatment for him and further
- On 18/4/24 the Respondent sent a Final Decision letter to FKF setting out the Barring Decision [373-377]
- Conclusions